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About Capital journal. (Salem, Or.) 1919-1980 | View Entire Issue (July 14, 1925)
OURT UPHOLDS LOWER CIRCULATION ( Dally average net pala circulation for month ending June 30, 192S 6729 Average dally distribution 7089. Member Audit Bureau of Circulations. FORTY-SEVENTH YEAR No. 166 INJUNCTION Public Service Commis sion Order Reducing Hay and Grain Rates In Oregon Sustained. In what Ifi considered one of the nioat Important decisions handed down In the state ae far as the amount of money involve Is concerned at least, came down today when Circuit Jurtgea L. II. McMahan and Percy It. Kelly of this district, dissolved the injunc tion against the public service commission secured by the Oregon-Washington Railroad & Nav igation company and other car riers of Oregon in which the com mission was restrained from re ducing rates 15 per cent on grain, grain products, potatoes, onions and straw. The sweeping order of the commission involved rates on all carriers. In addition was In volved an order that n the Hepp tier. Pilot Hork, Shaniko and Con don branches of the O-W. It. & N. a differential would be per mitted on whole grain not to ex ceed the maximum rates prescrib ed phis 10 per cent. In February, 1924, a tempora ry injunction was granted by t'ae circuit court from attempting to enforce orders of the commission which reduced the rates on the commodities mentioned 25 ner cent. Under a decision of the court at that time the reduction was changed from 25 per cent to 15 per cent, the differential on the O-W. H. & N. eastern Orr-gon branches was eliminated and the courts declared that the rates pre scribed are maximum rates onlv and the carriers aro expected to establish point to point rates as occasion requires. The public service commission Issued orders in compliance with the order of the court at that time and the railroad companies secur ed another temporary injunction restraining the commission from enforcing such orders. It was euch temporary injunction the court eet aside today. It Is considered llkc-ly that, because of Its Im portance, this case will go on thru the United States supreme cout In banding down his opinion Judge AlcAIahan had the following to say in part: "The pluintiffs contend that the orders aro based upon a mis take of law on the part of tbe Commission and are unreasonable, discriminatory, in - conflict with Interstate rates and confiscatory. "We think that pluintiffs have not shown any of these things by a preponderance of the evidence. On the other hand, there is some evidence In the record tending to support the defendants' conten tion that the rates embraced in Supplemental Order No. 1131 are reasonable and In accordance with approved practice. "Plaintiffs present evidence of experts whose opinions support plaintiffs position; but the basis of such oinions In either not given, or, if given, when analyzed fails In our view to justify such opin ions. "We cannot bring ourselves to believe that the Commission mis took the law of the case merely because the undisputed and In disputable fart appears In the record that financially the farm ers were In a deplorable condition generally when this Investigation was first instituted. "Without deciding that there is any such conflict, we think it un wise and unwarranted to enjoin an order of the Public Service Commission on the ground of con flict with interstate rates for tbe reason that tho proper course to pursue to correct the evils of any such conflict is by ajplicatlon to the Interstate Commerce Commis sion, which, to that end, has Jurisdiction over both Interstate and intrastate rates. "Plaintiffs make tho argument that the total net return upon their intrastate business Is so low that a reduction upon rates for transportation of hay and grain products must necessarily be deemed unreasonable and con fiscatory. Th statute fr lied up on by plaintiffs) doc not require that the net return frm all the rates shall effect th reaonable- (ConUnaed on V&g Seven) Asks Tolerance "ciRENCfr.PAKROw3 The "fundamental bedrock of liberty Is tolcranco," said Clarence Darrow, counsel for the defense in the Scopes trial at Dayton, Tenn, He declared It Is a trial for the preservation of tolerance rather than tho Uioory of evolution. "Nothing," he stated, "exemplifies Intolerance more concisely and clearly than the law under which Scopes Is to be tried." GIRL KILLED AI PAIR'S DEFENSE Watertown, 8. D., July 14 (AP) Byrle Henley. 17, of Gar den City, S. D., girl whoso charred body was found late yesterday In a burned strawstack near that place was shiin at her own request by Wlnfred Meek, 21, and Robert Lap pier. State's Attorney H. Han. son announced here today that Meek and Lappler told him, fol lowing their orrost yesterday that they met the girl in Garden City Sunday night and drove her into the country where she begged them to end her life. The alleged con fession declared that Lappler struck Miss Healcy over the head with a tire Iron and that both youths then choked her with her scarf. Placing the body In a straw stack, the state's attorney said the alleged confession declared, the youths drove to Bradley to attend a motion picture show. Later, Han son said, they returned and set fire to the strawstack to obliterate traces of the crime. Hanson said that he would pre fercharges of murder In the first degree against Meek and Lappler. San Franilsco Cal., July 14. (A. P.) Pinclo Villa, flyweig.it champion of the world, died toJoy at a local hospital following nn operation on b.s jaw. Villa was rushed to the hospltrJ from his hotel la?c night wn?n a jaw Infection took a serious turn. Ho was operated on at once, but failed to rally from the effects of the operation. He died a few minutes after 11 o'clock. J5x President Seeks Conference Upon Chinese Problem Swamp.coU, Jin., July 14 f A P) President Coothlgc hopes that condition will be such that a conference can be held In the near future for a discussion of ex tra territorial rights In China as well an Chinese customs. Tho effort of tho Aniciicnn gov ernment to brine about such a con ference. It was ninted today at the summer White Houe, nre confined to on attempt to have the nine na tions rtgnntnry to Ihe Washington treaty participate and tho United States his not entered Into an agreement with Great Britain and Japan with repaid to China. j It was reiterated that' the United States was srekir.g solely to have; the Washington treity obligations! to China carried out on the one I hand and to .ccure from China pro t ecu on fur lives and property of WARRANTNO I Court Overrules Motion of Mt. Angel Man For Return of Still Taken On Faulty Warrant. Joe Walker Wic fnnml p-nUtu the circuit court jury Just before noon todav on a nhnrirn nf lmlnv. ful possession f a still, and sen tence will be passed ou him at 9 o'clock next Saiurday morning. The Jury was ou: about 20 m fu mes, Circuit Judge Kelly this morn ing overruled the motion of the defense in the case of Joe Walker of Mt. Angel to suppress the evi dence in the case and trial went ahead on its merits before the jury. Arguments and testimony on the motion consumed a consider able share of yesterday and over an hour this morning. Judge Kelly, while not passing on the question of the validity of the search warrant as raised by counsel for the defense, declared that for the purpose of this case that If the officers had reasonable ground to believe that a felony had been committed or was being committed they had no need for a search warrant. Judge Kelly declared that there was another salient feature in the case as to whether the building in which the still was located was not such a building as was pro tected against a search. However, the court overruled the motion directly on the theory that there was such a condition that the of ficers believed a felony was being committed or had been committed and that there was ample ground for such belief. Testimony was Introduced dur ing the argument on the motion rrom Walker himself. Emil Wlelke, a brothor-ln-law of Walker, by State Agent A. C. Smith and Federal Agent Harry Barker and Deputy Sheriff Brammer. Much of the testimony revolved around the point of whether or not Deputy Sheriff Bremmer, before he read the search warrant, had asked Walker where the still was on the premises, and whether In response to the question Walker had, by a wave of the Words "Over there" Indicated the location of the still In the granary where It was later found. Walker Is not being tried on the theory that he was an operator of the still, but that he bad posses sion of It, the still being found on his premises. Officers work on the theory that Walker was leas ing his premises to the actual (Continued on Page Seven.) American Yacht Wins Rothesay. Scotland. July 14. (A. P.) The six-meter ya.?h- Lanai won the third race for the Seawanhaka cup here today. The American challenger has won two races to the British defender 3 one. foreigners on the other. The statement was made that thero was n i basis whatever for the published report from Toklo that tho United Htates In reaching an agreement with Great Britain and Japan had agreed to Indefinite postponement of the conference on extra territoriality. The view of the president as out lined Is that the conference to be held under the nine power treaty should and will consider tariff questions, extra-territorial Uy, and all other problems covered by the Washington agreement. It was announced that the state department now is In communica tion with the various powers sig natory In an effort to make ar rangements for the holding of the conference In Peking at an early date. en in LIQUOR RAID SALEM, OREGON, TUESDAY, JULY 14, 1925 BURGDUFFIS OUSTED FROM WARDENSH I P Ryckman and Jones Also Deposed In Shake-up Following Appointment of Finley. The shake-up In the state game department, which the Capital Journal yesterday predicted would follow the governor's appointment of W. L. 'Finley to succeed R. W. Price as a member of the com mission, came before the day was ended at a meeting held In Port land. As a result of the shake-up, which wnB precipitated by Finley himself, A. B. Burghduff, state game warden, M. L. Ryckman, su perintendent of hatcheries, and Otto M. Jones, director of educa tional work, were thrown out of their Jobs. Edgar F. Ave rill of Pendleton was appointed to suc ceed Burghduff. The other vacan cies were not filled and for a time AverlU will Berve as hatchery sup erintendent, assisted by T. J. Craig. Burghduff and Jones were request ed by the commission to remain on their jobs for three months to help the commission In Its work and agreed to do this. . Sleeting Is Stormy The changes were made in the midst of a storm of charges and accusations, vhlch showed that the new commission Is going to be any thing but harmonious. Supporting creates a religious atmosphere here which is harmful to our cause. Will the court say if this has been the practice here w:h out exception?" Attorney General Stewart rosj to say: "This Is a God-fearing commuL ity and we ire accustomed to pray around here. It ie tho usual thiaj in this part of the country." "And I would bavo you know," Mr. Malone broke in vehemently, "that they are Just as God-fearing where I come f 10m as they arr anywhere." "I hope that l.i true," said Mr. (Continued on Page Three) STORES 10 CLOSE A general exocus of local Elks and othor residents of Salem anticipated for Thursday, the d-iy or the big parade in Portlan 1 which will be an outstanding event of the national Elks conven. tion being held there this week. All Salem bus.wcss houses wil? be closed Thursday In honor of the event. The final parade of local Elks in uniform wns held here last night on tho city streets and was wntched by largo numbers of S.i lemitefl. Approximately 40o persons from Knlom will participate In Thurs day's parad-;. witn hundreds moie from this city virwing It from the sidelines. The f'fltcm delega'ion will be headed by the Klks bin J and a fife and drug corps, both n uniform. They will pnradn with Klks from all parts of th" Piii d State. COOLIDGE'S CALENDAR GROWING LONGER DAILY Bwampscott, Maps., July 1 4 fAP) President Coolhlge Is find ing a steadily growing calendar. Ills reflection upon leaving Wash ington that the cares of the presi dential office do not permit any extended vacation Is proving true This afternoon Mr. Coolldge will receive members of the executive council who served with him dur ing his term as governor of this state. renter this week the president has engngeniMitA to receive the 0fv minslter from Kgyfit and to en tertain also the polish minister of forolgn affairs who will he a guest at luncheon. John Hays Hammond, a close friend of the pi SMldent, v ho Is spendtnic the sum mor at Gloucester, near here, will be (uest at the same time. lyour 0) 1. 1 Curricula Board Fails To Abolish Duplicated Work lortland, July 14 (AP) De cision of tho board of higher cur ricula affecting the future divi sion of work at the University of Oregon and Oregon Agricultural college was mado public today by Dr. C. J. Smith, chairman of the board. It shows little drastic change In either Institution, al- htough numerous adjustments were made In order to define the work. Major demands made by the University of Oregon In its orig inal brief were denied by the board, the work at the college practically remaining the same ex cept that pre-medical work was eliminated In exchange for the elimination of pre-englneerlng at the university. The school of commerce at tho college remains the same as be fore and no material change was made In the school of business ad ministration at the university. All courses asked for by the college and protested by tho university were granted. The board's order says: The departments of business administration In the University of TEXAN ELECTED GRAND EXALTED RULER OF ELKS Portland, Or., July 14. (A. P.) William H. Alwell of Dallas. Texas, United Sluu-s district judge of the northern district of Texad, was today unanimously elecleJ grand exulted ruler of the Benevo lent and Protective Order of Klksi at the sixty-firs; annual reunion of the grand lodge here. He wan nominated by M. T. Dlvely of Dal las, and the nom, nations were im mediately orderew closed. Kilcy C. Boweis of MontpePer, Vt.f who has keen a member of the order for 2 4 years, was elected grand esteemed loyal knight. Walter F. Meier of Seattle, who is retiring as president of the Washington State Klks associa tion, was elected grand esteemed lecturing knight. Fred C. Jlubinron of Dubuque, Iowa, wob re-elected grand secre tary, a position be has held since 1904. John K, Burohcf Grand IbnpltK Mich., was electea grand treasur er. Clyde Jennings of . Lynchburg. Va., was elected for a five-year term as grand trustee. John MoW. l'ord of Shreveport, La., was electcJ grand ini;r guard. Edward V. Keljy of Salt Lake City was made grand tyle, Chicago was selected aa the 192 convention city. Dr. Carro'J Smith of St. LsuiR was elected grr.na esteemed lead ing knight. Ilev. Dr. John Dysart of Flint. Mich., was elected grand chaplain. ROGUE RURAL DISTRICTS FAVOR EVOLUTION LAW Medford, Or., July 14. Follow ing an address Sunday by Rev. J. M. Johnson at the annual meeting of the itog"e River group of the American Sunday Ftfhool Unlm near Trail, Or., on "iCvolutlon vs. the Teachings o.' Geology," prac tically everyone' prosjii publicly oxprttiscd their opposition to the teachings of evolution in the p.ib lic schools and pledged support U n I ii i I io 1 1 nir-nuiirn In (li-imiii similar to the measure passed in Tennessee, ricverai rural &uniiay schols In Jackson county were r;p resented nt the meeting. blazesTn UMPQUANATl FOREST UNDER CONTROL Knaehiir.?, Or., July 14. Prac tically all of the forest fires ie- porUrt in v.irious parls of Douglas counly were under control todn, it was annopncci! this mornln;. Of the twenty-two fires reported yesterday on tho Umpqua national forest, all are extinguished or un der control with the exception cf two. one halng located on Bla:k creel;, n tributary of Little river and the other on Grassy Ranch, S milii northeast of Capillahee. 4 HSU. iMinfvw) . Me a Oregon and commerce in the agri cultural college are sufficiently differentiated and there are no un necessary duplications therein, us shown by the catnloges of 1D2& and 1926 of the two institutions, and the request of the Oregon Ag ricultural college of March 14th, 1925, for certain new courses sup plementing the existing courbos Is granted." The name "school of music" has been eliminated at the college though the courses given, shown to be self supporting, were allow ed to remain. Conservatory of music will probably be used In stead, It was said, the change be ing In accordance, with practice where no degree 1b given. Music is a special subject, as a major course, leading to degrees fiholl be confined to the university. The department of physical edu cation Is confined to the University of Oregon, except that the Oregon Agricultural college may offer phy sical education as a service course only to the regular courses of that Institution, tut no' degrees shall be (Continued on i'age Seven) Now York. Jiilv 14 (API Tlic Standard Oil company of New .lorsc-y iinnoiincM an clghi hour day, isffectlvo tomorrow, for fhf. oil ricldn. ou.to ui(. urst on won was drilled In thin country In 1859, a 12 hour day had beon In offoi CU il. Ilrlllein, who received Jl an hour or J 12 a day will now receive an hour or 10 a day. Wool handlers, who received about 83 ccntfl an hour, or (10 a day, will receive Jl an hour or 18 a day. Ae work In the oil fields Is car ried on niKlit and day, tho clKht hour day means three shifts in stead of two. The additional shifts will require tho employment of 500 men besides the 1400 no employed. John D. Rockefeller, Jr., wko controls the company, has lone been opposed to the 12 hour day In any of the Interests with which he Is connected, hut A. P. Corwln of the Industrial relations de partment of the company denied that Mr. Rockefeller had sug gested the eight hour day. "Wo expect Mr. Rockefeller will be pleased with this devel opment," Mr. Corwln added. It la presumed that other com panies In the mid west field will follow the action of the Standard. JAPANESE SEEK TOLEDO INQUIRY Portland, Ore., July M. a re quest for official Investigation of the deportation of 28 Japanese mill workers at Toledo. Oregon, by B mob of citizens, was sent to Oovernor Pierce today by H. oiia mato, acting Japanese consul In I'orlland. The local consulate Is not In possession of all details of the Toledo Incident, and no action will be tnken until tho governor's reply Is received. When full In formation Is received tho Portland consul will forward the data t Ambassador Malsudalra In Wah Ington, I). C, where a protest, H any, will be made. ER TO FIGHT SHADE New York. July 14. (A. P.l Mickey Walher wae ordeivfc tod:iy by the Njw York stnto athletic commission to fulfill his recently signed agreement to fight D-ive Shade here for the welterweight tltlo. STANDARD OIL INAUGURATES EIGHT HOUR DAY Tpr1TC1 rriTTDTTiri PUMTQ ON TRAINS AND NEWS JriULIli ItlHSbSil LHiiNlO STANDS FIVE CENTS DARROWSAYS ADDITIONTO COURT PRAYER FIRE FIGHTING PREJUDICIAL Objection To Practice of Opening Sessions of Ev olution Case In Prayer Fails; Clash Heated. Courtroom, Dayton, Tenn., July 14. (A. P.) Objections by Clur- enco Uarrow, of defense counsjl, to tho daily custom of prayer in court created intense excitement for a few minutes at the short eon- sion of the trial of John T. Scop'w here this morning. Judge J'jIi:j T, Haultiton overruled the objec tion then ordered a court recctw until 1 o'clock th 'it he might cum- pleto the preparation of his opin ion on the motion of the defense to quash the Indictment urgui'd hero yesterday. Soon after Judge Uanlsion mounted (hi bench Clarence Dav row stepped forw ird to say "I want to protest vour Lonor, at prayer being offered here daily In tne presence of the jury In this cas;." Mr. Harrow continued: Practice Out of Place. "I du not object to anyone pray ing In prlVHle, but I do object to thie court being turned into a meeting house. Dudley Field Malono wan J'.t behind his coller.fruc with an in quiry to the judgn if it had alw.iVK been the custom to have prayer hi court every day. "As a member of counsel for the defuse who Jh not an agnostic," hcenid, "I dcalr. to add my objection to daily pray er being offered here when It has not been an exart'ng and unbrjlt en custom in the pant." "I have every respect for wu.it Mr. Darrow believes and does not believe," buKI the New York attor ney, "and I wish to offer an objec tion tus a member of defense coun sel who is nut an agnostic. 'We have tallied things over in our chambers nn-1 believe that the opening with prayer l prejudicial to the interest!; ct the defendant. Mom of the opening prayers of fered by minieterB so far h.ive been largely ar;;i'nientative. Defense Ti Harmed. "We hold that this prae.lre (Continued on Pnge Seven) PAGE ELECTED I Portland, Or., July 14. Tbe Oregon state association of Elks In demion here yesterdoy accept ed the Invitation of tho Itev, Frederick J. JennlngA to hold the 1920 convention In Eugene. K. M. Pnge was elected prel dent of the association without opposition. Other officers elected were: David Kuratlf of Tillamook firat vice president; Connie (irabb of Haker, eecond vice pree dent; William IJriggs of Aehlnnd third vice president; Herbert Hue terud of Marshrield. treasurer; the Flev. Frederick J. JenningH of Kugene, chaphiln; Gilbert ll'dg e of Oregon City, It. Alexander of Pendleton, and lilinin hilje ovist of MrMitinviile, trustees. Frank D. Cohan of Portland was reappointed executive secretary. 2 FOREST FIRES Mod.'nrd, July 1 4 Two more f'irc.it fires weer reported to the Jural forest service thin mornlnc. I"ih ot the- nmn slate limber land, one a ni.ill fire In the northern p:irt of Jackson county nnd the other a largo fire covering 100 aTfi on Scalp nmunuitn, 12 miles north ot Mold lllll. The lalter fire In regarded n rather seiioii. and a large force of fire fablers has hrf-n sent out to comlmi it. There are now IS forest flrrs burning In JarkMm county, but wit h tho ex option of tho Scalp mountain hlize, nil of ihem are now uniW control, mul m no Is re garded uti r rU aa. ARE REPORTED PRINCE OF WALES CLOUDY IN WEST Portion tonight and Wednesday; gentle variable winds. Local: Max., 92; mln., 66; rnln, none, river, -1.0; atmoa., part cloudy; wind, southeast. . TA Special Election To Get Immediate Action On Bond Proposal To Be Sought By Dancy. Recommendation that the city ot Suleui par chute two additional pumpers for u,j by the fire de partment wiJl bo made at the next meeting of the city council Mon day night, it was stated this morn. inc by W. H. Dancy, chairman ot tli fire and water committor of the council. Duncy's plun Involves a bond isuuu to finauca the pur chase, any other method being, In his opinion, too slow. To purchase tho pumpers It will be neceesiry for Dancy'a recommendation to pass the council and be voted ut on favorably by epeuial elcctiuu vt tho pcuple. Duncy also favors splitting no force of the fire cHpartment. ThO) bouse nov; owned by the city oa lOast Ferry street should be put into condition, le says, and cue machine kept there. There should lie another In tho northern part ct the city and a third in South Pa leiu. Wo can t carry any mora equipment at tl.o city hall," 1-9 stated today. "Wc have too nuub there now." $30,000 Estimated Cost Dancy entmmu-s that tho wo pumpers, with tlu hose and other equipment necessary to go with them, will -ost $30,000. The pumpers nlone will cost $13,000 each. Additional cost to the city for maintenance will bo approxi mately $12,000 u year. The rta tistica are crchiblvo of whatevar tho cost of scouring houses may Contlnued on Page Seven) HEAT CLAIMS 1 4 Chicago. July u (AP) While many areas of tho country contin ued to nwettcr under a ten a clou heat wave, the weather man vnrlod his offerings yesterday in a rath-' er surprising manner with a short fall of snow nt Tllacksburg, Va The white shower followed a thun der storm and Inated five minutes. The weather freak brought no comfort, however, to tbe parched xummcrl.tmls of the middteweAt and the Hocky mountain region where thermometer were appar ently in race to overstep the cen tury mark. Phoenix. Ariz., a vot ernl In temperaturo climbing agntn led the country yesterday lit against 104 for North Platte. Neb., tho middle western hiKh point. Temperatures ranping from 90 to 100 were noted throughout the hu mil area. The deat toll continued to mount, 14 additional fatal ties be ing reported. In addition five per sons were killed by lightning and three were drowned. Twenty or more were prostrated. Storms brought imo replU around Omaha and Sioux City. The corn crup In Kansas was bad ly hit and forest flrca were caus ing apprehrnfllun In Oregon. PLAYS FIREMAN Kafue. Ilhorirwia. July H (AP) The Prince of Wales played the part of a heroic fireman today when he anlsttd settlers In ex tlngulshing a fire In a native wood and grass children's house at Ka fue Agricultural show. All of the children weer rescued. The blaze started during a lunch con give nln the prlnce'e honor. The children's house was destroy ed In five minutes. Wale Joined le the work of preventing the flrl from spreading, 7 VIRGINIA TOWN HAS SNOWSTORM